State v. Primrose

Citations

• 25 Del. 164
• 2 Boyce 164
• 77 A. 717
• 1910 Del. LEXIS 88

Syllabus

<p>1. Homicide — Defined.</p> <p>“Homicide” is the killing of one human being by another.</p> <p>2. Homicide — “Felonious Homicide” — Classes.</p> <p>“Felonious homicide” is divided into three classes: Murder of the first degree, murder of the second degree, and manslaughter.</p> <p>3. Homicide — Presumption of Malice — Burden of Proof.</p> <p>Wherever a homicide was deliberate or without cause, the law presumes malice on the part of the prisoner, and the burden is upon him to prove the contrary.</p> <p>4. Homicide — “Murder of the First Degree” — Defined.</p> <p>“Murder of the first degree” is where the killing was done with malice aforethought.</p> <p>5. Homicide — “Malice Aforethought” — Defined.</p> <p>“Malice aforethought,” as it exists in murder, is a deliberate and formed design to kill, which may be manifested by a lying in wait, antecedent threats, former grudge, ill-will, spite, hatred, or any circumstances that show the accused’s intent toward his victim at the time of the killing.</p> <p>6. Homicide — “Murder of the Second Degree” — Defined.</p> <p>“Murder of the second degree” is when the killing is done with implied malice, not with a deliberate or formed design, but without justification or excuse, and without provocation, or sufficient provocation to reduce the offense to manslaughter.</p> <p>7. Homicide — Murder of the Second Degree — Implied Malice.</p> <p>Where a killing is committed under the influence of a depraved heart, or with cruel indifference to human life, the law implies malice, and makes the offense murder of the second degree; the killing neither being deliberate nor in the heat of passion.</p> <p>8. Homicide — Deadly Weapon — Presumption of Malice.</p> <p>Where a killing is done with a deadly weapon, malice is presumed; the accused being presumed to have intended the usual and probable consequences of his acts, and the burden therefore being on him to prove the contrary.</p> <p>9. Homicide — “Manslaughter”—Defined.</p> <p>“Manslaughte